Issue Archives

Licensee Patent Validity Challenges Following MedImmune: Implications for Patent Licensing

Licensee Patent Validity Challenges Following MedImmune: Implications for Patent Licensing

This Article addresses the legal basis for resolving the licensor’s dilemma following MedImmune.  The MedImmune Court’s elimination of the jurisdictional barrier to a patent validity challenge by a licensee in good standing has been viewed by many as a pronounced shift in favor of the … Read More

This Article addresses the legal basis for resolving the licensor’s dilemma following MedImmune.  The MedImmune Court’s elimination of the jurisdictional barrier to a patent validity challenge by a licensee in good standing has been viewed by many as a pronounced shift in favor of the … Read more

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Provigil: A Case Study Of Anticompetitive Behavior

Provigil: A Case Study Of Anticompetitive Behavior

Using the sleep-disorder drug Provigil as a case study, this article exposes a new type of anticompetitive harm that stems from the combination of two distinct activities.  First, brand-name drug firms such as Cephalon, the developer of Provigil, have settled patent litigation by paying generic … Read More

Using the sleep-disorder drug Provigil as a case study, this article exposes a new type of anticompetitive harm that stems from the combination of two distinct activities.  First, brand-name drug firms such as Cephalon, the developer of Provigil, have settled patent litigation by paying generic … Read more

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Provigil: A Commentary

Provigil: A Commentary

Michael Carrier’s case study on Provigil offers new support for the view that Big Pharma is to blame for stymieing competition, retarding innovation, and inflating prices in the drug industry. Carrier argues that Cephalon was able to thwart generic entry by a combination of anticompetitive … Read More

Michael Carrier’s case study on Provigil offers new support for the view that Big Pharma is to blame for stymieing competition, retarding innovation, and inflating prices in the drug industry. Carrier argues that Cephalon was able to thwart generic entry by a combination of anticompetitive … Read more

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Branded Versus Generic Competition?

Branded Versus Generic Competition?

 Transitions are times of danger in virtually all areas of human life.  More accidents are likely to occur when cars go in and out of parking spaces, or when planes take off or land. More medical mishaps are likely to happen in hospitals when there is a change in shifts between nurses.  The same … Read More

 Transitions are times of danger in virtually all areas of human life.  More accidents are likely to occur when cars go in and out of parking spaces, or when planes take off or land. More medical mishaps are likely to happen in hospitals when there is a change in shifts between nurses.  The same … Read more

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The Geosynchronous Orbit and the Outer Limits of Westphalian Sovereignty

The Geosynchronous Orbit and the Outer Limits of Westphalian Sovereignty

The question confronting us today is: who  owns the GSO?  The inevitability of technological and scientific progress promises a future full of challenges for  space lawyers, who will ultimately be responsible for the composition of (and adherence to) international law in this new frontier.  In … Read More

The question confronting us today is: who  owns the GSO?  The inevitability of technological and scientific progress promises a future full of challenges for  space lawyers, who will ultimately be responsible for the composition of (and adherence to) international law in this new frontier.  In … Read more

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